LEGAL STUDIES

HUMAN RIGHTS COMPLETE SUMMARY

 1. THE NATURE AND
DEVELOPMENT OF HUMAN
RIGHTS
1. 1. DEFINITION
2. 2. CHARACTERISTICS
 1A - THE DEFINITION OF HUMAN
RIGHTS
Human rights are the fundamental entitlements to
which individuals are due by virtue of their
humanity
• Freedoms that are guaranteed but not enforced
• Only enforceable when a domestic legal system
recognises the rights in some legal form and in
practice
Characteristics:
1. Inherent - Rights belong to an individual automatically and
without distinction, as a result of them being human → all
humans are born with human rights
2. Universal - Apply to all people regardless of status, race,
gender, or age
3. Inalienable - They cannot be taken away, given up,
exchanged, or sold
4. Indivisible - No one right is better than another
5. Interdependent - People’s enjoyment of a right to affected
by their enjoyment of all others
1B - DEVELOPING RECOGNITION OF
HUMAN RIGHTS

Name of right

Support with
Type of right
legal documents
(individual vs.
where the right is
collective)
protected

Current position
(+ how they have Definition
changed)

Historical
position

● Those rights humans are entitled to for just being human
Definition:
● Slavery = A system where individuals
have no personal rights → could be
bought and sold, often physically,
sexually, and emotionally abused
● Abolition of slavery = The process of
making it illegal to own a slave or
infringe on someone’s rights of
freedom and life
● Trade unions = Associations of
employees, who aim to protect the
rights of workers
● Formed around the concept of power ●
of united actions → a single employee
has very little power, but many
workers combined in a single cause
has a great deal of power
● Protecting the right to work and fair
conditions
Individual Rights:
Historical Position:
● Slave trading existing in the America’s after the
time of the European invasion in the 16th C
● 19th C → Protestants began to view slavery as
against church teachings
● As a result, the “Society for the Abolition of
Slavery” was formed and in addition to the
opposition of slave owners in the Caribbean, the
British government passed the Emancipation Act
1833 → abolished slavery throughout the British
colony and was passed on to Australian law
● All power was invested with employers who were
able to create conditions of employment most
appropriate for their economic interests
Union movement in Australia led to the formation
of powerful political entities → Australian Labor
Party
● South Africa - Trade union activity contributed to
the downfall of the racist apartheid gov. in 1990’s
Current position: Relevant Legal
Documents:
● The 13th amendment of the US Constitution formally ● Article 4 UDHR →
outlawed slavery following a civil war slavery is banned
● 2005 - 12.3 million people were forced labour victims
● 2008 - 2.5 million people were exploited
● Sex slave industry exists in Australia - 2006 Wei Tang
found guilty of possessing and using a sex slave (10
yrs imprisonment) → Criminal Code 1995 (Cwlth) →
appeal (The Queen v. Tang [2008] HCA 39)
● There is still an estimated 21 million people in
slavery (BBC News)
● Better conditions and the right to organise arose with ● Articles 23 (4) of
the industrial revolution UDHR deal with
● Focus on minimum wage, working conditions, labour and trade
working hours → Found in awards in Australia union rights
● “Everyone has the right to form and join trade unions ● International
for the protection of his/her rights” Labour
● Still countries such as Iran which fiercely opposes Organisation (ILO)
trade union rights → the law does not protect workers → look at changing
against anti-union discrimination, or where gov. social policy
permission is required before a strike can take place
Universal ● Universal suffrage = The right for
suffrage all people to vote, regardless of
their race, gender, or religion
● Compulsory in Australia
● Suffrage was restricted to certain classes of
people who were considered of sound mind
and rational ability (not women, ethnic
groups) → extremely wealthy men → men
→ women
● 1890’s - Women’s suffrage societies in all ● Article 21 (3)
Australian colonies UDHR → right
● Public suffragette movements in America to vote
● Democracy is considered to be marked by the
legitimacy of the voting processes and the
proportion of the population allowed to vote
● South Australia - First jurisdiction to grant
women the right = 1894
● Federal parliament = 1902
● Victoria was the last jurisdiction - 1908
● 2005 - Kuwait
● Most recent - Saudi Arabia 2015
● Granting women the right to vote removed the
political distinction between the sexes → a
major step towards recognising universal human
rights

Universal ● The right of all to a basic ● Before 19th C → few people could read or
education education write
● Free education is available in ● Growing demand for people with more
Australia education, skills, and training to meet the
requirements of an increasingly sophisticated
economy → recognised that education
ensured the future of their children
● 1870’s → education was made free and ● Article 26 (1)
compulsory for all UDHR → right
● Education is compulsory in most countries for to education
children (quality is varied)
● Education Reform Act 2011 → need to be in
school until 17 (Australia)
● UN recognises that education is an essential
component of the alleviation of poverty, the
adoption of family planning, and the
improvement of the status of women

● The rights of a particular group in society
H.R Movement: Definition:
Self determination ● The right of people, especially indigenous
people, to have at least partial sovereignty,
jurisdiction, and ownership over their land
● Allows minority groups the right to have
some control over their land, while still being
apart of the broader nation
● Granting of independence to the traditional
owners
Environmental ● The right of future generations to enjoy the ● A person who suffers the ill effects of
rights same level of envir. quality as the present
generation (intergenerational equity)
● Matter of common concern for humankind
Peace rights ● Aim to develop effective ways to identify,
confront, and resolve injustices in a state and
the international community
Collective Rights:
Historical Position:
● Traditional lands were colonised by
another power (Eg: British)
● Indigenous people had no control over
their traditional lands
pollution could sue under nuisance
● Ancient times - No recognition of a right ●
to peace → international order was
determined by self interest
● Development of new and deadly weapons
created so much destruction that by the
19th C there was considerable incentive
to find peaceful solutions to conflict
Current position: Relevant Legal Documents:
● Late 20th C - Period of great decolonisation → ●
huge areas of Africa, Asia, and Pacific were
handed back to indigenous people
○ Eg: East Timor recently decolonised
● Has at times led to significant social tension and
instability → The breakup of Yugoslavia in early
1990’s led to persecution and massacres on the
basis of ethnicity
● Ongoing debate between the needs of economic ● The Stockholm
development and the need for a clean Declaration (1972) and
environment The Rio Declaration
● Ecological sustainable practices adopted to (1992) were important
prevent the depletion of resources international envir.
● Envir. problems - Atmospheric pollution, agreements that moved
depletion of ozone layer, global warming → towards a more
matters of increasing international concern sustainable future
The Charter of the UN (1945) identified peace as ●
one of its main aims → war was only to be used
on authorisation of the Charter
○ Article 2 → members states were to settle
disputes by peaceful means to maintain
international peace and security
● 2003 - UN authorised a coalition of countries to
bring peace to Liberia
● 1984 - Non-binding resolution to the UN General
Assembly asserted the right of peoples to peace
HR DEVELOPMENT - HISTORY: Focus on the
movement towards UNIVERSAL RIGHTS

Customary
Law

Sources - Evolving beliefs and

Treaties
values

Sign = ratify
 Enact and codify into
domestic legislation
International
Agreements
 IC - FORMAL STATEMENTS OF HUMAN
RIGHTS

Development
1. Full name
2. Date
3. Purpose and what it protects
4. 2 examples of ARTICLES
Value to
HR Type of
5. What type of law? Moral/soft/hard international DOCUMENTS rights
community
6. Is it enacted in Australian domestic law?
Why/why not?
7. Current domestic protection

Connection
 MOST
IMPORTANT
UDHR - Universal Declaration of Human Rights - 1948
!
 Developed as a response to the barbarity of WW2
 Affirms the promotion of universal respect and human dignity of people
 30 articles  first official intl. document regarding HR ICCPR - International Covenant on Civil and Political Rights - 1976
o Article 1: Asserts the right to all people to freedom and equality and dignity
 Protects people from the actions of oppressive gov.’s and their
o Article 2: Prohibits discrimination on the grounds of race, sex, language, religion etc.
arbitrary/totalitarian exercises of power
 Not legally binding  soft law - needs as many states to agree to it as possible  Enacted the majority into Australian domestic law (hard law), but not the
 Influenced the creation of over 200 intl. treaties entire covenant
 In 1986, the Australian Human Rights Commission (AHRC) was
established in response to Australia having ratified the ICCPR in 1980
 In 2007, 160 countries were signatories to the convention but some rights
ICESCR - International Covenant on Economic, Social, and Cultural Rights - 1966 are still widely abused
o Articles 3 - 21: Freedom from torture and slavery, freedom of
 Asserts non-discrimination, right to self-determination, and the right to determine their
political status religion
 The second division focuses on working conditions and minimum wages, as well as
enforcing the rights of both employees and employers to form and join trade unions
o Article 1: Right to self-determination
 ICESCR can be ignored due to state sovereignty, but I can apply sanctions to those states
who have enacted it and ignore its articles
 Formed the basis of many other intl. treaties  has 169 signatories (the more states that SOFT LAW = No legal
sign an intl. treaty, the more weight it carries)
o Section 80 “the right to vote” is already protected by the Australian Constitution,
obligations on the parties that sign
therefore Australia has signed the ICESCR but not enacted it, as we believe our it
statue already protects these human rights  Fair Work Act 2009 HARD LAW = Legally binding,
 Moral law  promotes HR and influences domestic legislation (Anti-Discrimination Act
1977) signatories face sanctions for not
following it (trade, financial)
2. PROMOTING AND ENFORCING
HUMAN RIGHTS

DIFFERENCE BETWEEN PROMOTING AND ENFORCING!

 2A - IN THE INTERNATIONAL
COMMUNITY: STATE SOVEREIGNTY
• Each nation has its own body with supreme lawmaking authority ASSESS THE ROLE
OF S.S. =
• Limitation of international law → rule of law applies (nobody is above the law) → lacks enforceability as each
JUDGEMENT!
sovereign state is not required to follow HR intl. Law → only become enforceable when a treaty is signed,
- Greatest strength
ratified, and codified into domestic legislation
- Greatest weakness
• The power of the state to have control over its domestic affairs, territory, and its subjects → without interference
• HR abuses in a country can occur if there is resistance to the UN
• Sex trafficking in India still occurs today, and although it goes against HR and the values of other states, they face no
punishment
• Reflects societal values:
• CROC → Children’s rights are adopted in many countries as the acceptable behaviour is set out
• The influence of other states may result in more states adopting the same rights, however they are never obliged
to do so
• At an intl. level, sovereign states are able to broadcast issues around the world in need of change → promotes
protection of rights
• Current refugee and detention centre decisions occuring in Australia
• Popular sovereignty - When the people exercise sovereign power by electing gov.’s of their own choosing
 TIP!
Include s.s in
2B - INTERNATIONAL RESPONSES EVERY answer as
effectiveness!

United Nations: Effectiveness:

● Attempt to maintain world order, keep peace, and create harmony throughout the world ● Greater harmony and peace
● Can recommend action for countries to take ● Establishes standards of acceptable
○ Promote, but up to domestic to enforce behaviour → customary intl. law

Organs: ● Lack of enforcement and limited power

● General Assembly → s.s
○ Main, deliberative, policy making and representation organ of the UN ● Enforcement mechanisms are voluntary
○ Resolutions are not legally binding, but carry moral force and the raise the international profile of the issues raised → s.s
● Security Council ● Problems with funding and resources →
○ Primary responsibility for the maintenance of international peace and security, calls upon parties to settle disputes resource efficiency
by peaceful means
○ Peacekeeping missions
○ Apply pressure on countries
○ Can impose sanctions (economic → discourage tourism)
● Economic and Social Council
○ Principal body for coordination, policy review, policy dialogue, and recommendations on economic, social, and
environmental issues
○ Implementation of internationally agreed development goals
● Trusteeship Council - Ensures that adequate steps were taken to prepare the territories for self-government and
independence
● International Court of Justice - The principal judicial organ of the UN
● Secretariat - Carry out the day-to-day work of the UN including peacekeeping missions all around the world
Courts, Tribunals & Independent Statutory Bodies: Effectiveness:
● ICJ: ● ICJ:
○ Principal judicial organ of UN ○ Limited to states not individuals (lacks enforceability)
○ Requires party states to agree to be legally binding ○ Lacks legally binding force
○ Hears cases and delivers advisory opinions ○ No precedent
○ Defines and interprets conventions ○ No appeal mechanism
○ Cannot adjudicate on disputes raised by individuals ○ Generates political pressure
● ICC: ● ICC:
○ Established by Rome Statute ○ Question of equity for offender (based on intl. law not
○ Set up in response to calls for a permanent court after genocides in particular country)
Yugoslavia and Rwanda ○ Vague definition of crimes of aggression
○ Crimes against state by individuals → genocide, crimes of aggression ○ Limited scope of jurisdiction
● Tribunals: ● Tribunals:
○ Deals with specific serious widespread breaches of intl. criminal law ○ Adhoc - very selective in the issues it addresses (decisions may
○ Temporary → limited to time and location be politically motivated)
● Independent Statutory Authorities: ○ CASE: Intl. Criminal Tribunal For Rwanda
○ UN High Commissioner for HR ■ 20 year long genocide case (in 100 days, over 800 000
■ Protect and promote HR for all murdered)
■ Responsible for all HR activities ■ Promoted resolution for the country
■ Provide advice and investigates ■ 30 000 professionals trained → responsiveness
■ No legal standing ● Independent Statutory Authorities:
■ Act as a public figure and voice ○ Public voice and authority increases education on HR issues
○ Monitoring bodies under ICCPR and ICESCR ○ Decisions not legally binding
■ Hears complaints, research, report ○ No mechanism of enforcement → recommendations only care
○ HR Committee force to the extent state parties are willing to acknowledge
■ Monitoring body them
■ Considers inter-state complaints, individual complaints, and
periodic reports
■ Attempts to mediate any dispute → if no resolution is reached, it
will summarise a report
■ Decisions aren’t legally binding
IGO’s: Effectiveness:
● Aim to peacefully settle disputes in a ● Utilise ADR → can act as an impartial
region mediator in peace negotiations
● Eg: Human Rights Council ● More realistic means of enforcement
○ Promotes and protects HR by → trade and economic sanctions
investigating and making ● Intl. law lacks enforceability but
recommendations regarding intergov. Have similar morals
violations (meeting expectations = ^
○ Hears individual complaints and enforceability → ^ chances of
reports on them acceptance by nation-states involved Media: Effectiveness:
○ Focus on particular regions (similar cultural heritage) ● Inform the public of HR violations ● Puts pressure on gov. actions
● Compulsory to report to authorities and inspire them to act ● Lacks enforceability
● Present in intl. concerns and conflicts ● Can demonstrate political bias
→ provide this info to the world ● Wide reach → rapid dissemination
● Exposes HR issues and abuses → ● Dominated by developed world
pressures gov. into upholding intl.
NGO’s: Effectiveness: agreements and HR principles
● Independent authorities which aim to ● Most effective in dealing with specific
educate the world on HR concerns and issues
provide relief and aid to those victims of ○ Providing for essential needs
violation (food, education)
● Eg: ○ Keeping people alive
○ Caritas ● Ability to exert political pressure
○ Red Cross ● Heavily dependent on exposure in the
○ UNICEF media
○ World Vision ● Rely on public support and funding
● Humanitarian as opposed to legal →
lacks enforceability
2C - IN AUSTRALIA: THE INCORPORATION OF
HUMAN RIGHTS INTO DOMESTIC LAW

CONSTITUTION: STATUTORY LAW:

COMMON LAW:
- Express rights (s. - Supreme Court rules - Mabo 1992
116, s. 80) - Anti Discrimination - Dietrich 1992
- Implied rights 1977
(division and - Racial Discrimination
separation of powers, 1975 (link to
nationwide news) conventions e.g.
elimination of racial
discrimination 1969)
2D - AUSTRALIAN DOMESTIC
RESPONSES
Constitution:
● S. 106 + 107 - Guarantees the ongoing existence of each state and their constitution
● Legal document which sets out rules for governing a country
● Actively protects civil and political rights from abuse by the gov.
● Can only be changed by referendum → evolving notions of HR cannot be easily accommodated in the constitution
● Signed a “bona fide” treaty → be genuine, in good faith

Roach v. Electoral Commissioner 2007

❏ 2006 legislation passed which disenfranchised all prisoners from voting
❏ Invalid as they went beyond the limit of what is permissible under s. 24
❏ Statutory provisions → prisoners are able to vote 3 years after imprisonment

Express Rights: Implied Rights: Separation Of Powers - LEJ: Division Of Powers - REC:
● Constitutional articles that directly ● Political and civil freedoms •Ensures that no one group within the ● Constitution limits Cwlth’s power in assisting
address HR that are not directly stated in government can dominate → ensures with HR
○ S. 24 - The right to vote the constitution authority is evenly distributed → checks
○ S. 51 - The right to just ● Freedom of speech and balances
•Rule of Law → Prevents arbitrary Residual:
compensation for property Exclusive:
abuse of power (State)
acquired by the Cwlth. Lange v. ABC 1997 (Cwlth)
Concurrent: - Law and order
○ S. 80 - The right to trial by jury ❏ Upheld the existence of the - Trade,
- Consumer - Transport
for serious offences implied right of freedom of Legislature Executive Judiciary immigration,
law - Education
- Parliament - Gov. and - Courts customs
○ S. 92 - The right to freedom of political communication, - Electoral law → Enabling Act:
- Create/ administrativ - Apply - Defence
movement however it did not itself - Taxation local gov. given
- Currency
○ S. 116 - The right to freedom of provide a defence to amend laws e /interpret power to make laws
- Intl. treaties +
religion defamation departments laws in certain area
agreements
● Very good protection of these rights → - Enforce
but rights limited to these 5 laws
Statute Law: Common Law:
● Best protection for HR ● Rulings of judges → create precedent
● Also sets up administrative bodies who are responsible to carry out the workings of the ● Can protect or hinder HRs
act (HREOC) ● Protection of HR is dependent on the judge’s interpretation of the law
● Easy to amend to reflect ethical opinions → allows statute to remain dynamic with HR ● Limitation = Gov. can pass new legislation to overcome any common law decision
concerns → but can be overturned by successive gov.’s which they do not accept
● Domestic law is modified when Australia enters into an intl. agreement ● Common-law rights can very easily be removed

Australian legislation based on intl. HR legislation:

● Racial Discrimination Act 1975 (Cwlth) → ICERD (International Convention on the Mabo 1992
Elimination of All Forms of Racial Discrimination) ❏ Overturned terra nullius and upheld collective land rights
● Disability Discrimination Act 1992 (Cwlth) → ICCPR, ICESCR Dietrich v. The Queen
● Sex Discrimination Act 1984 (Cwlth) → CEDAW (Convention on the Elimination of all ❏ Determined that there is no right to legal representation → Legal Aid
Forms of Discrimination Against Women) ❏ You can represent yourself

Courts & Tribunals: NGO’s: Media:

● Courts are increasingly willing to use intl. law as authority
in the development of common law
● Tribunals - Formed by statute in order to restrain unlawful
actions and to apply HR standards to the actions of the gov.
● Monitor, implement, and enforce HR
● Education, training, research
● Send reports on states
● Investigate and gain publicity for HR issues
● Widely publishes activities of HR organisations
● Allows NGOs to promote their concerns
● Promotes justice, freedom, mutual respect and
understanding in order to promote equality of
rights between all human beings and all nations

Dietrich v. The Queen

❏ Determined that there is not right to legal representation →
Legal Aid
❏ You can represent yourself
 Australia is the
2E - REASONS FOR + AGAINST A only Western
CHARTER OF RIGHTS democracy
without a COR!
● Constitution is entrenched → can only be changed by a referendum
● Can be constitutional or statutory → difference = ease of changing it
● Statutory = flexible → easier to respond to changes in society values
Advantages: Disadvantages:
● Will provide a moral compass for decision making ● Diminishes/weakens s.s
● Lead to a peaceful, inclusive, and safe society ● Rights are well protected by common law Charter of Rights
● Provides stronger protection ● Statute law protects HR well
○ Democratic system does not always protect individuals or minorities ○ Can be written to deal with existing HR issues as
= Bill of Rights
against majority the need arises
○ Only 5 rights in the Constitution ○ Can be easily changed
● Not adequately protected by common and statute law ● Parliament is the best protector of rights through
○ Will prevent conflicting laws in parliament recognition of intl. law and implementing it into statute
○ Judges are able to interpret more effectively → rights are put above ● Time consuming and expensive to create
politics ● 3 arms of gov. are valid enough
○ Remove political bias ● Legalities and lawsuits would drastically increase
● Reduces arbitrary abuses of power from 3 arms of gov.
○ Don’t need as many checks and balances
○ Leads to equality
○ Gov. doesn’t have power to change bill based on own political agenda
● Doesn’t have to be entrenched → can be a statutory bill that can be easily
changed

❏ Haneef case → his rights would have been protected if we had a COR to base
decisions off
3. CONTEMPORARY ISSUE
3A - DOMESTIC
3B - INTERNATIONAL
 ● The 1951 UN Convention relating to the Status of Refugees defines a refugee as someone with a well-founded fear of being persecuted for reasons of race, religion, or nationality, living
outside their original country and is unable or unwilling to avail himself of the protection of that country
Legal response ● Strong human right monitoring body, independent of government
● Public voice and authority increases education on HR issues → MEETING SOCIETIES NEEDS
AHRC - Australian ● Signatory to intl. conventions which influence the action undertaken by AHRC: 1951 UN Convention relating to the Status of Refugees: Defines a refugee, outlines refugee rights, and
Human Rights establishes the refugee obligations of states (Australia follows it)
Committee
● 1993, Cambodian asylum seeker, identified as A, complained to the Human Rights Committee that Australia had violated his rights under the International Covenant of Civil and
(Somewhat effective) Political Rights (ICCPR) by detaining him in immigration detention for more than four years → committee agreed that Australia had violated Article 9 of the Convention because A had
been subject to arbitrary detention and denied an effective opportunity to have the lawfulness of his detention reviewed by a court

● AHRC is limited as they can only make recommendations, not legally binding decisions
● In most subsequent cases where the Human Rights Committee has found that Australia has violated the ICCPR, the Australian Government has rejected those view → Case of A v
Australia 1993, the Committee stated that Australia should pay compensation to A, the Australian Government rejected and refused to pay compensation
● Recommendations only care force to the extent state parties are willing to acknowledge them → because of s.s.

Legal response ● Statute law = best protection for HR in Australia

● Also sets up administrative bodies who are responsible to carry out the workings of the act (HREOC)
Enforcement ● Easy to amend to reflect ethical opinions → allows statute to remain dynamic with HR concerns → but can be overturned by successive gov.’s
mechanisms → ● Domestic law is modified when Australia enters into an intl. agreement
Australian Parliament
and courts Al Masri vs. Minister for Immigration, Multicultural, and Indigenous Affairs 2002
● Was in detention for a long time and questioned it
(Very effective) ● Under Migrant Act 1958, they must be kept in detention until either deported, granted visa, or removed from Australia
○ Gov. used discretion and there was no hope of any options being granted
○ Was not even allowed to migrate back to home country
● It was found that Al Masri, stateless asylum seeker must be released because the purpose of his detention was to effect, a removal that was not foreseeable

● Ruling led to the initial release of some detainees → also made precedent
● Led to amendment of legislation:

● Attempts to protect HR ethically → Once a person has applied for asylum, they are issued a permanent protection visa if they have arrived in Australia and meet certain criteria
● Since 1992, all people arriving in australia without proper travel documents have been detained
● Under the Border Security Legislation Amendment Act 2002, people are detained if they are declared unlawful if they have arrived in Australia without a visa, overstayed their visa, or
had their visa cancelled
Non legal response NGOs - Amnesty International and Human Rights Watch:
● Global NGOs operate in Australia
NGOs ● Monitor refugee camps and HR compliance of states → PROTECTION OF RIGHTS
● Report of refugee situations to the UN, gov.’s, and media → campaign for reform
Media ● Ability to exert political pressure
● ABS → 58% of refugees come from Syria, Afghanistan, and South Sudan
○ Leads to NGOs working more closely with those communities → RESPONSIVENESS
(Very effective)
● Heavily dependent on exposure in the media
● Rely on public support and funding → RESOURCE EFFICIENCY
● Humanitarian as opposed to legal → lacks enforceability

Media
● Plays an important role in shaping Australia’s refugee policy and the attitude of Australian citizens
towards refugees and asylum seekers
● Allows NGOs to promote their concerns
● Promotes justice, freedom, mutual respect and understanding in order to promote equality of rights
between all human beings and all nations → PROTECTION OF RIGHTS
● Wide reach → rapid dissemination → RESPONSIVENESS
● Puts pressure on gov. Actions
○ ABC News 2018 report - 68.5 million forcibly displaced people worldwide BUT only 25.4 million
people recognised as refugees

● Lacks enforceability
● Dominated by developed world
● Can demonstrate political bias
 Human Trafficking In India

The issue ● According to the United Nations, human trafficking is defined as the recruitment, transportation, transfer, and harbouring
of persons by means of threat and exploitation
● It includes sexual exploitation, forced labour, slavery, manipulation, and the implantation of organs
● Human trafficking is a crime against the person because of the violation of the victim’s right to movement through
coercion and because of their commercial exploitation
● Lack of awareness, paucity of work opportunities, and frequent natural disasters push women and children into the hands
of traffickers

Statistics ● The UN estimates that there is over 2.5 million victims of human trafficking across state borders
● In 2016 alone, 8 132 human trafficking cases have been reported in India
● New data released by the Indian government shows reports of human trafficking rose by almost 20% in 2016 against the
previous year
● The ILO estimates that at least 56% of all forced labour victims are women and girls

Media ● According to the UN’s Global Report on Trafficking in Persons, sexual exploitation is the most documented type of
trafficking
Legal responses Courts and legislation:
● The Government of India applies the Criminal Law (Amendment) Act 2013 as well as Section 370 and 370A IPC which defines human trafficking
● R.P.N Singh, India’s Minister of state for Home Affairs, launched a gov. web portal, the Anti-Human Trafficking Portal in 2014
○ Tracks cases with inter-state ramifications
○ Provides info on legislation, statistics, and rescue success stories
○ Can track missing children
● 2014 - Indian gov. announced the implementation of a Comprehensive Scheme that involves the establishment of Integrated Anti Human Trafficking
Units in 335 vulnerable police districts throughout India, as well as capacity buildings that includes training for police, prosecutors, and judiciary
International Documents:
● Began with the worldwide abolition of slavery - Slavery Convention of 1926 → expanded in 1956
○ Provided for the official abolition of slavery worldwide, but did not address issues of illicit slavery and human trafficking
● The Protocol to Prevent, Suppress, and Punish Trafficking in Persons especially Women and Children was adopted by the UN in 2000
● A Regional Task Force implements the SAARC Convention of the prevention of Trafficking In Women and Children
Non - Legal Responses UN:
● Established a Global Initiative to Fight Human Trafficking
○ Increases awareness about human trafficking
○ Assists other NGOs in their anti-trafficking campaigns
○ Reduce the exploitation of people and the vulnerability of potential victims, ensure support for victims who have escaped
● ILO - plays a crucial role in implementing and reporting on workers rights worldwide
○ Established a Special Action Programme on Forced Labour → attempts to raise global awareness of forced labour in its different forms
○ Reports on and exposes abuses → Researching and informing the public and govs on incidents and patterns of abuse
NGO’s:
● Anti-slavery International → international NGO aiming to draw attention to the continuing problem of slavery worldwide and campaign for
recognition and action in the countries most affected today, such as India
● NGOs → play a crucial role in encouraging such countries to continue their efforts, and report countries who don’t
Case example: 2017 - In Mumbai
● 52 year old man caught at Chhatrapati Shivaji International Airport and arrested by the Immigration officials for
trafficking minor boys and girls to various countries
● Spread to countries like UK, France, Switzerland, and Germany as per reports by national English daily
Hindustan Times
● Since 2015, the man has trafficked around 17 minor girls and boys

Effectiveness ● Issues with prevention:

○ Limited resources and limited effectiveness of developing states to combat forms of exploitation and
transnational crime
○ Economic and socio-political factors which drive the movement of people from one place to another
● Limited enforceability → The implementation and enforcement of intl. treaties, especially the 2000 Protocol, is
left up to national gov.’s (not specific enough to affect change within the community)
● Time → there is unlikely to be much change to the economic drivers of human trafficking in the short term, but
improved awareness and monitoring of vulnerabilities where trafficking occurs, will help prevent and reduce
trafficking in the wider world